Western Australian Current Acts Western Australian Current Acts[s. 3]
[Heading amended: No. 19 of 2010 s. 4.]
SUPPLEMENTARY AGREEMENT
THIS AGREEMENT made this 14th day of September 1987 BETWEEN:
THE HONOURABLE PAMELA ANNE BEGGS J.P. M.L.A. the Minister of the Crown for the
time being charged with the administration of the Control Act acting for and
on behalf of the State of Western Australia and its instrumentalities from
time to time (“the State”) of the first part;
AND
WEST AUSTRALIAN TRUSTEES LIMITED of 135 St. Georges Terrace Perth in the State
of Western Australia as trustee of the Burswood Property Trust (“the
Trustee”) of the second part;
AND
BURSWOOD MANAGEMENT LIMITED of 40 The Esplanade Perth in the State of Western
Australia as manager of the Burswood Property Trust (“the
Manager”) of the third part.
WHEREAS:
A. The State, the Trustee and the Manager are
parties to an agreement dated 20 February 1985 ratified by and scheduled to
the Casino (Burswood Island) Agreement Act 1985 (“the Principal
Agreement”).
B. The parties have agreed that subject as
hereinafter provided the Principal Agreement should be amended.
NOW IT IS HEREBY AGREED AS FOLLOWS:
1. Words and expressions defined in the Principal
Agreement when used in this Agreement have, unless the context otherwise
requires, the same meanings as are ascribed to them in the Principal Agreement
and the provisions of clause 2 of the Principal Agreement as to the
interpretation thereof shall apply to this Agreement.
2. (1) The State shall
introduce and sponsor a Bill in the Parliament of Western Australia to ratify
this Agreement and endeavour to secure its passage as an Act.
(2) The following
provisions of this Agreement shall be of no force or effect if the Bill
referred to in sub-clause (1) is not passed as an Act on or before 31 October
1987.
3. The Principal Agreement is hereby amended:
—
(A) by deleting from clause 2 the
definitions “this Agreement”, “Burswood Casino”,
“Control Act”, “Resort Complex”, “Resort
Site”, “Site” and “Trust Deed” and inserting the
following definitions: —
“this
Agreement” means this Agreement as amended from time to time, whether in
accordance with clause 5 or otherwise, and includes any schedule or annexure
hereto;
“Burswood
Casino” means that area in the Resort Complex identified in the Drawings
as the area to constitute the casino and includes the area in which money
counting, surveillance, storage and other activities relating to the conduct
and playing of Games are carried on or, if and when the area to which the
Burswood Casino Licence relates is fixed pursuant to section 21(4a) of the
Control Act, the area so fixed as thereafter altered from time to time in
accordance with that section;
“Control
Act” means the Casino Control Act 1984 ;
“Resort
Complex” means the hotel, convention centre/theatre restaurant,
exhibition centre, recreation and other facilities and the Burswood Casino
established or to be established on the Site pursuant to and in accordance
with the provisions of this Agreement and includes, if and when constructed,
Stage 2 but does not include, on and from the date specified in an order made
under section 21F(1b) of the Control Act, any of the foregoing which are by
the order excluded from the operation of this Agreement;
“Resort
Site” means that part of Burswood Island as is shown bordered red on
Lands and Surveys Miscellaneous Plan 1512 but does not include the Site or any
land which ceases to be part of the Site by virtue of an order made under
section 21F(1b) of the Control Act;
“Site”
means Swan Locations 10661 and 10662 as surveyed and shown on registered Lands
and Surveys Original Plan 16284 but does not include, on and from the date
specified in an order made under section 21F(1b) of the Control Act, any part
of that land which is by the order excluded from the operation of this
Agreement;
“Trust
Deed” means the deed dated 20 February 1985 made between the Trustee and
the Manager constituting the Burswood Property Trust as amended consolidated
and replaced by a deed dated 18 April 1985 made between the Trustee and the
Manager and includes such last mentioned deed as thereafter from time to time
altered or amended with the prior approval of the Minister;
(B) by deleting clause 13 and substituting
the following clause: —
13. (1)
If the Trustee shall resolve to proceed with Stage 2 or to carry
out any other development of the Site the Trustee shall: —
(a)
forthwith notify the State of such resolution; and
(b) in
the case of any such other development, submit to the Minister a proposal in
reasonable detail, and before proceeding, obtain the consent of the Minister,
in relation thereto.
(2)
The provisions of clauses 7, 9, 10 and 11 shall, with necessary
modifications, apply in relation to the construction, Fit-Out and
Commissioning of Stage 2 or any other development referred to in sub-clause
(1).
(C) by deleting clause 20 and substituting
the following clause: —
20. (1)
The Committee or the Committee’s Nominated Representative
shall be entitled to attend and to speak at any meeting of the Burswood
Property Trust or the Manager as though it or he were a unitholder of the
Trust or a director of the Manager but nothing contained in this clause shall
confer on the Committee or the Committee’s Nominated Representative a
right to vote.
(2)
The Trustee and the Manager shall deliver to the Committee a
copy of all notices that are forwarded to unitholders or directors of such
meetings in the same manner and at the same time as such notices are forwarded
to unitholders or directors as the case may be.
(D) by adding after paragraph (a) of
sub-clause 24(1) the following paragraph: —
(aa) if
pursuant to an order made under section 21F(1b) of the Control Act the hotel
the subject of the licence referred to in paragraph (a) is excluded from the
operation of this Agreement, 1 casino liquor licence;
(E) by deleting sub-clauses (1) and (2) of
clause 25 and substituting the following sub-clauses: —
(1) The Trustee shall
not except in accordance with the provisions of the Control Act: —
(a)
assign, mortgage, charge or otherwise encumber: —
(i)
the Burswood Casino Licence;
(ii)
the Site or the Resort Complex or any part of either;
(iii)
its rights and benefits under this Agreement;
(b)
dispose of any part of the Resort Complex or the Site.
(2) In sub-clause (1)
“dispose of” has the meaning ascribed to that expression by
section 21F(8) of the Control Act.
AS WITNESS the execution of this Agreement by or on behalf of the parties
hereto the day and year first hereinbefore written.
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SIGNED by THE HONOURABLE PAMELA ANNE BEGGS J.P. M.L.A. for and on behalf of
the State of Western Australia in the presence of: |
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P. A. BEGGS. |
R. CHAPMAN.
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THE COMMON SEAL of WEST AUSTRALIAN TRUSTEES LIMITED was hereunto affixed by
authority of the Board of Directors in the presence of: |
|
(C.S.) |
A. M. READ. Manager — Corporate Services
F. S. KAMP. Secretary
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THE COMMON SEAL of BURSWOOD MANAGEMENT LIMITED was hereunto affixed by
authority of the Board of Directors in the presence of: |
|
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D. R. DEMPSTER. Director
C. R. COULSON. Secretary
[Schedule 2 inserted: No. 44 of 1987 s. 9.]
